4 | 10 | | AN ACT |
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5 | 11 | | relating to work from remote locations by certain employees of |
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6 | 12 | | certain entities licensed by the Office of Consumer Credit |
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7 | 13 | | Commissioner. |
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8 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 15 | | SECTION 1. Subchapter F, Chapter 341, Finance Code, is |
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10 | 16 | | amended by adding Section 341.503 to read as follows: |
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11 | 17 | | Sec. 341.503. WORK FROM REMOTE LOCATIONS. (a) |
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12 | 18 | | Notwithstanding provisions of this subtitle that prohibit |
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13 | 19 | | conducting business at an unlicensed location and except as |
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14 | 20 | | provided by Subsection (b), a person licensed under this subtitle |
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15 | 21 | | may allow an employee of the license holder to work from a remote |
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16 | 22 | | location if the license holder: |
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17 | 23 | | (1) ensures that in-person consumer interactions will |
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18 | 24 | | be conducted at a licensed location; |
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19 | 25 | | (2) maintains appropriate safeguards for license |
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20 | 26 | | holder and consumer data, information, and records, including the |
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21 | 27 | | use of secure virtual private networks where appropriate; |
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22 | 28 | | (3) employs appropriate risk-based monitoring and |
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23 | 29 | | oversight processes for work performed from a remote location and |
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24 | 30 | | maintains records of those processes; |
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25 | 31 | | (4) ensures that consumer information and records are |
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26 | 32 | | not maintained at a remote location; |
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27 | 33 | | (5) ensures that license holder and consumer |
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28 | 34 | | information and records, including written procedures and training |
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29 | 35 | | for work from remote locations authorized under this section, are |
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30 | 36 | | accessible and available to the commissioner or the commissioner's |
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31 | 37 | | representative on request; |
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32 | 38 | | (6) provides appropriate employee training to: |
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33 | 39 | | (A) keep all conversations about and with |
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34 | 40 | | consumers conducted from a remote location confidential as if |
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35 | 41 | | conducted from a licensed location; and |
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36 | 42 | | (B) ensure that remote employees work in an |
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37 | 43 | | environment conducive and appropriate to consumer privacy; and |
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38 | 44 | | (7) adopts, maintains, and follows written procedures |
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39 | 45 | | to ensure that: |
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40 | 46 | | (A) the license holder and the license holder's |
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41 | 47 | | employees comply with this section and applicable law; and |
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42 | 48 | | (B) the employees do not perform an activity that |
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43 | 49 | | would be prohibited at a licensed location. |
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44 | 50 | | (b) This section applies to an employee of a person licensed |
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45 | 51 | | under Chapter 348 or 353 only if the employee engages in making, |
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46 | 52 | | servicing, holding, or collecting a retail installment transaction |
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47 | 53 | | as defined by Section 348.001 or 353.001, as applicable. |
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48 | 54 | | (c) The finance commission may adopt rules to implement this |
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49 | 55 | | section. |
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50 | 56 | | SECTION 2. This Act takes effect September 1, 2021. |
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51 | | - | ______________________________ ______________________________ |
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52 | | - | President of the Senate Speaker of the House |
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53 | | - | I certify that H.B. No. 3510 was passed by the House on April |
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54 | | - | 30, 2021, by the following vote: Yeas 118, Nays 23, 2 present, not |
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55 | | - | voting. |
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56 | | - | ______________________________ |
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57 | | - | Chief Clerk of the House |
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58 | | - | I certify that H.B. No. 3510 was passed by the Senate on May |
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59 | | - | 26, 2021, by the following vote: Yeas 31, Nays 0. |
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60 | | - | ______________________________ |
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61 | | - | Secretary of the Senate |
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62 | | - | APPROVED: _____________________ |
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63 | | - | Date |
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64 | | - | _____________________ |
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65 | | - | Governor |
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| 57 | + | * * * * * |
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